CRUZ
v.
BYRD
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An appeal from a dismissal without prejudice to amend is improper and should be dismissed; if a claimant does not amend, the proper remedy is to request entry of a final order of dismissal with prejudice which may then be appealed.
[1] An appeal from a dismissal without prejudice to amend is premature and subject to dismissal; a party must either amend the complaint or request that the trial court enter…
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Join FLexlaw to unlock all legal intelligence“if the claimant is unwilling or unable to amend the complaint, the proper course is to so advise the lower tribunal and request entry of a final order of dismissal with prejudice, which may be appealed”
Statement of the procedure a claimant must follow when unwilling to amend a dismissed complaint
Jose Cruz filed an appeal in the Circuit Court for Leon County against Secretary of State Cord Byrd. The lower court dismissed the complaint without p…
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December 6, 2023 PER CURIAM.
DISMISSED. See Augustin v. Blount, Inc., 573 So. 2d 104 (Fla. 1st DCA 1991) (dismissing appeal where the lower tribunal dismissed the complaint below without prejudice to file an amended complaint that corrects the defects and holding that if the claimant is unwilling or unable to amend the complaint, the proper course is to so advise the lower tribunal and request entry of a final order of dismissal with prejudice, which may be appealed). BILBREY, M.K. THOMAS, and LONG, JJ., concur.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.